You ask whether certain information is subject to required public disclosure under the
Public Information Act (the "Act"), chapter 552 of the Government Code. Your request was
assigned ID# 304629.

The Rowlett Police Department (the "department"), which you represent, received a request
for all activity that occurred at a specified address and arrest reports of a named person. You
claim that portions of the submitted information are excepted from disclosure under
sections 552.101, 552.130, and 552.147 of the Government Code. We have considered the
exceptions you claim and reviewed the submitted information.

Section 552.101 of the Government Code excepts from disclosure "information considered
to be confidential by law, either constitutional, statutory, or by judicial decision." Criminal
history record information ("CHRI") generated by the National Crime Information Center
or by the Texas Crime Information Center is confidential. Title 28, part 20 of the Code of
Federal Regulations governs the release of CHRI that states obtain from the federal
government or other states. Open Records Decision No. 565 (1990). The federal regulations
allow each state to follow its individual law with respect to CHRI it generates. Id.
Section 411.083 of the Government Code deems confidential CHRI that the Department of
Public Safety ("DPS") maintains, except that the DPS may disseminate this information as
provided in chapter 411, subchapter F of the Government Code. See Gov't Code § 411.083.

Sections 411.083(b)(1) and 411.089(a) authorize a criminal justice agency to obtain CHRI,
but a criminal justice agency may not release CHRI except to another criminal justice agency
for a criminal justice purpose. Id. § 411.089(b)(1). Other entities specified in chapter 411
of the Government Code are entitled to obtain CHRI from DPS or another criminal justice
agency; however, those entities may not release CHRI except as provided by chapter 411.
See generally id. §§ 411.090-411.127. Thus, any CHRI generated by the federal government
or another state may not be made available to the requestor except in accordance with federal
regulations. See Open Records Decision No. 565 (1990). The department must withhold
the information we have marked under section 552.101 of the Government Code in
conjunction with federal law and chapter 411 of the Government Code.

Section 552.101 of the Government Code also encompasses the doctrine of common-law
privacy. Common-law privacy protects information that (1) contains highly intimate or
embarrassing facts the publication of which would be highly objectionable to a reasonable
person and (2) is not of legitimate concern to the public. Indus. Found. v. Tex. Indus.
Accident Bd., 540 S.W.2d 668, 685 (Tex. 1976). To demonstrate the applicability of
common-law privacy, both prongs of this test must be demonstrated. Id. at 681-82. A
compilation of an individual's criminal history is highly embarrassing information, the
publication of which would be highly objectionable to a reasonable person. Cf. United States
Dep't of Justice v. Reporters Comm. for Freedom of the Press, 489 U.S. 749, 764 (1989)
(when considering prong regarding individual's privacy interest, court recognized distinction
between public records found in courthouse files and local police stations and compiled
summary of information and noted that individual has significant privacy interest in
compilation of one's criminal history). Furthermore, we find that a compilation of a private
citizen's criminal history is generally not of legitimate concern to the public. In addition, this
office has found that personal financial information not relating to a financial transaction
between an individual and a governmental body is excepted from required disclosure under
common-law privacy. See Open Records Decision Nos. 600 (1992), 545 (1990). Upon
review, the department must withhold the information we have marked under section
552.101 in conjunction with common-law privacy.

You assert that some of the remaining information is excepted under section 552.130 of the
Government Code, which provides that information relating to a motor vehicle operator's
license, driver's license, motor vehicle title, or registration issued by a Texas agency is
excepted from public release. Gov't Code § 552.130(a)(1), (2). Therefore, we find that the
department must withhold the Texas motor vehicle record information we have marked
under section 552.130.

Finally, you claim that the social security numbers are excepted under section 552.147 of the
Government Code, which provides that "[t]he social security number of a living person is
excepted from" required public disclosure under the Act. We agree that the department may
withhold the marked social security numbers under section 552.147 of the Government
Code. (1)

In summary, in conjunction with section 552.101 of the Government Code, the department
must withhold (1) the information that we have marked under federal law and chapter 411
of the Government Code and (2) the information we have marked under common-law
privacy. The department must withhold the Texas motor vehicle record information that we
have marked under section 552.130 of the Government Code. The department may withhold
the marked social security numbers under section 552.147 of the Government Code. The
remaining information must be released.

This letter ruling is limited to the particular records at issue in this request and limited to the
facts as presented to us; therefore, this ruling must not be relied upon as a previous
determination regarding any other records or any other circumstances.

This ruling triggers important deadlines regarding the rights and responsibilities of the
governmental body and of the requestor. For example, governmental bodies are prohibited
from asking the attorney general to reconsider this ruling. Gov't Code § 552.301(f). If the
governmental body wants to challenge this ruling, the governmental body must file suit in
Travis County within 30 calendar days. Id. § 552.324(b). In order to get the full benefit of
such a challenge, the governmental body must file suit within 10 calendar days.
Id. § 552.353(b)(3), (c). If the governmental body does not appeal this ruling and the
governmental body does not comply with it, then both the requestor and the attorney
general have the right to file suit against the governmental body to enforce this ruling.
Id. § 552.321(a).

If this ruling requires the governmental body to release all or part of the requested
information, the governmental body is responsible for taking the next step. Based on the
statute, the attorney general expects that, upon receiving this ruling, the governmental body
will either release the public records promptly pursuant to section 552.221(a) of the
Government Code or file a lawsuit challenging this ruling pursuant to section 552.324 of the
Government Code. If the governmental body fails to do one of these things, then the
requestor should report that failure to the attorney general's Open Government Hotline,
toll free, at (877) 673-6839. The requestor may also file a complaint with the district or
county attorney. Id. § 552.3215(e).

If this ruling requires or permits the governmental body to withhold all or some of the
requested information, the requestor can challenge that decision by suing the governmental
body. Id. § 552.321(a); Texas Dep't of Pub. Safety v. Gilbreath, 842 S.W.2d 408, 411
(Tex. App.--Austin 1992, no writ).

Please remember that under the Act the release of information triggers certain procedures for
costs and charges to the requestor. If records are released in compliance with this ruling, be
sure that all charges for the information are at or below the legal amounts. Questions or
complaints about over-charging must be directed to Hadassah Schloss at the Office of the
Attorney General at (512) 475-2497.

If the governmental body, the requestor, or any other person has questions or comments
about this ruling, they may contact our office. Although there is no statutory deadline for
contacting us, the attorney general prefers to receive any comments within 10 calendar days
of the date of this ruling.

Sincerely,

Henisha D. Anderson

Assistant Attorney General

Open Records Division

HDA/mcf

Ref: ID# 304629

Enc. Submitted documents

c: Ms. Melissa Toussaint

203 St. Luke

Richardson, Texas 75080

(w/o enclosures)

Footnotes

1. We note that section 552.147(b) of the Government Code authorizes a governmental body to redact
a living person's social security number from public release without the necessity of requesting a decision from
this office under the Act.